S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1605--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of A. PAULIN, JONES -- read once and referred to the
   Committee on Corporations, Authorities and  Commissions  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the not-for-profit corporation law and the town law, in
   relation to the abandonment of cemeteries

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The not-for-profit corporation law is amended by adding a
 new section 1506-d to read as follows:
 § 1506-D. CEMETERY ABANDONMENT NOTIFICATION AND ASSISTANCE.
   ANY CEMETERY CORPORATION THAT SHALL HAVE INSUFFICIENT GENERAL  OPERAT-
 ING  FUNDS  WITH  WHICH  TO  CONTINUE OPERATIONS OR THAT DOES NOT HAVE A
 BOARD SUFFICIENT TO CARRY ON OPERATIONS OF THE CEMETERY,  SHALL  PROVIDE
 NOTICE  TO THE STATE CEMETERY BOARD AND THE GOVERNING BOARD OF THE MUNI-
 CIPALITY OR MUNICIPALITIES IN WHICH THE CEMETERY IS LOCATED AT LEAST ONE
 HUNDRED AND EIGHTY DAYS IN ADVANCE OF THE DATE OF  EXPECTED  ABANDONMENT
 TO  A MUNICIPALITY.  UPON NOTIFICATION BY THE CEMETERY CORPORATION OR AS
 A RESULT OF A REVIEW OF THE FINANCIAL AND CORPORATE STATUS OF A CEMETERY
 CORPORATION, THE STATE CEMETERY BOARD SHALL NOTIFY THE  GOVERNING  BOARD
 OF  THE MUNICIPALITY WHERE SUCH CEMETERY CORPORATION IS LOCATED AT LEAST
 ONE HUNDRED AND TWENTY DAYS IN ADVANCE OF THE DATE OF EXPECTED  ABANDON-
 MENT. PRIOR TO ABANDONMENT, THE STATE CEMETERY BOARD SHALL WORK WITH THE
 CEMETERY  CORPORATION  AND  THE GOVERNING BOARD OR BOARDS OF THE MUNICI-
 PALITY OR MUNICIPALITIES IN WHICH THE CEMETERY CORPORATION IS LOCATED TO
 ASSIST IN RECONSTITUTING THE BOARD OF THE CEMETERY  CORPORATION;  OR  TO
 ARRANGE TO PROVIDE THE CEMETERY CORPORATION WITH TEMPORARY ASSISTANCE IN
 OPERATING  THE  CEMETERY;  OR  TO LOCATE ANOTHER CEMETERY CORPORATION TO
 TAKE OVER THE CEMETERY CORPORATION  SEEKING  ABANDONMENT  OR  ANY  OTHER
 LAWFUL  MEASURE  THAT MIGHT PREVENT ABANDONMENT.  IN THE EVENT THE CEME-
 TERY CORPORATION BOARD IS NOT RECONSTITUTED OR IF THE CONDITION OF  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07019-02-9

 A. 1605--A                          2
 
 ABANDONED  CEMETERY  PREVENTS EFFECTIVE MUNICIPAL TAKEOVER WITHIN NINETY
 DAYS OF ABANDONMENT, THE STATE CEMETERY BOARD SHALL, WITH THE CONSENT OF
 THE GOVERNING BOARD OF THE MUNICIPALITY, REQUEST  THE  ATTORNEY  GENERAL
 SEEK  COURT APPOINTMENT OF A TEMPORARY RECEIVER TO MANAGE CEMETERY OPER-
 ATIONS UNTIL SUCH TIME THAT THE CEMETERY IS IN A CONDITION TO  BE  MAIN-
 TAINED  OR  OPERATED  BY  THE  MUNICIPALITY.  NOTWITHSTANDING  ANY OTHER
 PROVISION OF LAW, SUCH FUNDS AND EXPENSE FOR THE TEMPORARY RECEIVER  AND
 REPAIRS  OF THE CEMETERY SHALL BE A STATE EXPENSE ALLOCATED AND APPROVED
 AS OUTLINED IN PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED  SEVEN  OF  THIS
 CHAPTER.
   §  2.  Subparagraph 4 of paragraph (h) of section 1507 of the not-for-
 profit corporation law, as amended by chapter 363 of the laws  of  2009,
 is amended to read as follows:
   (4) Authorization for payments by the fund for maintenance of an aban-
 doned  cemetery  shall  be  made  by  the  secretary  of state only upon
 approval by the cemetery board of an application by  a  municipality  or
 other  solvent  not-for-profit cemetery corporation for fair and reason-
 able expenses required to be made by the municipality or  other  solvent
 not-for-profit  cemetery  corporation  for  maintenance  of an abandoned
 cemetery; provided, however, that the cemetery board shall  not  approve
 any  such  application unless the municipality or other solvent not-for-
 profit cemetery corporation acknowledges  that  the  responsibility  for
 restoration and future care, preservation, and maintenance of such ceme-
 tery  has been assumed by the municipality or other solvent not-for-pro-
 fit cemetery corporation.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
 MUNICIPALITY OR OTHER SOLVENT NOT-FOR-PROFIT CEMETERY CORPORATION HAVING
 ASSUMED MANAGEMENT OR RESPONSIBILITY FOR AN ABANDONED CEMETERY UNDER THE
 PROVISIONS OF THIS SECTION AFTER JANUARY  FIRST,  TWO  THOUSAND  FIFTEEN
 SHALL  BE  PERMITTED  TO  FILE AN ADDITIONAL APPLICATION FOR FUNDS UNDER
 THIS SECTION, TWENTY-FIVE YEARS FOLLOWING THE DATE OF THE INITIAL APPLI-
 CATION FOR THE REPAIR AND MAINTENANCE OF ANY STRUCTURES ON THE  CEMETERY
 GROUNDS  ONLY  WHERE SUCH STRUCTURES WERE CONSTRUCTED PRECEDING THE DATE
 OF ABANDONMENT OF THE CEMETERY CORPORATION. For  the  purposes  of  this
 paragraph, such cemetery shall always be deemed an abandoned cemetery.
   §  3.  Section 291 of the town law is amended by adding a new subdivi-
 sion 5 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO TOWN SHALL BE LIABLE
 FOR ANY DAMAGES OR INJURIES SUSTAINED BY ANY PERSON OR PROPERTY  ASSOCI-
 ATED  WITH A CEMETERY ABANDONED TO THE TOWN FOR ANY CAUSE OF ACTION THAT
 OCCURRED PRIOR TO THE TAKEOVER OF SAID CEMETERY BY THE TOWN AND IN ADDI-
 TION, NO CAUSE OF ACTION FOR SUCH DAMAGES SHALL BE MAINTAINED AND  ADJU-
 DICATED  BY ANY COURT IN THIS STATE WHICH WOULD OTHERWISE HAVE JURISDIC-
 TION TO ADJUDICATE SUCH CLAIM.
   § 4. This act shall take effect immediately.